Foster v. Walmart, Inc.
| Docket Number | 20-1787 |
| Decision Date | 08 October 2021 |
The Eighth Circuit reversed the district court's ruling that an arbitration clause found in Walmart.com's terms of use was unenforceable against purchasers of gift cards. In this case, plaintiffs filed suit against Walmart after gift cards they purchased turned out to be worthless because third parties tampered with, and stole the funds on, the gift cards. Walmart sought to compel arbitration based on a notation on the back of the gift cards directing purchasers to see Walmart.com for...
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20 cases
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Brazil v. Menard, Inc.
...Rock Co. v. Int'l Bhd. of Teamsters, 561 U.S. 287, 302–03, 130 S.Ct. 2847, 177 L.Ed.2d 567 (2010) ). See also Foster v. Walmart, Inc., 15 F.4th 860, 862 (8th Cir. 2021) ("[D]isputes are arbitrable only to the extent an agreement between the parties say so."). So, if there remained a binding......
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Marshall v. Georgetown Mem'l Hosp.
...2019), and asks whether it would put a "reasonably prudent user" on notice of a contract on offer and its terms, Foster v. Walmart, Inc., 15 F.4th 860, 864 (8th Cir. 2021); see also, e.g., Starke, 913 F.3d at 289; Sgouros, 817 F.3d at 1034-35; Sarchi v. Uber Techs., Inc., 268 A.3d 258, 268-......
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Univ. of Ky. v. Regard
..."explicitly assent by clicking ‘I agree’ (or something similar) before using the website or purchasing a product." Foster v. Walmart, Inc. , 15 F.4th 860, 863 (8th Cir. 2021). "Applying ordinary contract law principles, courts routinely uphold ‘clickwrap’ ... agreements ... ‘for the princip......
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Stahl v. Mehlhaff
...agreement encompasses the dispute." Pro Tech Indus., Inc. v. URS Corp. , 377 F.3d 868, 871 (8th Cir. 2004). See also Foster v. Walmart , 15 F.4th 860, 862 (8th Cir. 2021). As the Eighth Circuit has noted, an arbitration agreement can "be invalidated by ‘generally applicable contract defense......
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